22 Tex. Admin. Code § 163.4 - Physician Responsibilities when Leaving a Practice
(a) Upon retirement, termination of
employment, or leaving a medical practice, a physician must provide patients
reasonable notice to obtain copies of their records or arrange for the transfer
of their medical records by:
(1) letter or
email to each patient seen in the last two years by the departing physician;
and
(2) posting a notice in a
conspicuous location in the physician's/practice office and on the practice
website at least 30 days prior to the termination, leaving, or sale or
relocation of practice.
(b) The notice must include:
(1) the date of the termination, retirement,
or departure;
(2) instructions as
to how patients may obtain or transfer their medical records;
(3) the name and location of new practice, if
any; and
(4) the name of another
licensed physician, practice, or custodian if ownership of records is
changing.
(c) If the
physician's license is surrendered or revoked, the notice must be provided
immediately in accordance with this section.
(d) The following physicians are exempt from
providing notice to patients:
(1) a locum
tenens physician at a practice location for less than six months;
(2) a physician who only treated the patient
in the following settings:
(A) a hospital, as
defined under §157.051(6) of the Act;
(B) an emergency room;
(C) a birthing center; or
(D) an ambulatory surgery center;
or
(3) a physician who
only provided the following service:
(A)
anesthesia;
(B) radiology;
or
(C) pathology.
(e) Responsibilities of
Practice
(1) A physician, physician group, or
practice must provide a list of patients seen by the departing physician in the
last two years for the purposes of providing notice to patients.
(2) A departing physician's group or practice
is not required to provide the requisite notice to patients.
(3) If the departing physician's group or
practice agrees to provide the requisite notices to patients, they must do so
in accordance with this section.
(4) No physician remaining at the group or
practice may prevent or interfere with the departing physician's duties to
provide notices described by this section.
Notes
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